Search Results

1. NQ v OW Ltd [2021] NZDT 1604 (28 June 2021) [pdf, 237 KB]

   ...for distress, inconvenience and time spent having to deal with this matter, including the insurance claim. The total amount sought was $25,000.00. 7. The issues the Tribunal has to consider are: a. Does the Consumer Guarantees Act 1993 (“CGA”) apply and if yes, has OW Ltd breached the CGA by failing to provide its services with reasonable care and skill? b. If the CGA applies, is NQ entitled to a refund of the amount paid for the service of $10,953.15? c. If the CGA...

2. KT v X Ltd [2024] NZDT 748 (15 November 2024) [pdf, 102 KB]

   ...needs daughter, KP. KT claims for repair costs for a [bidet] purchased for KP in 2021 from X Ltd, through Enable Ministry of Health funding. When the bidet malfunctioned in 2024, KT sought cover for repairs under the Consumer Guarantees Act 1993 (“CGA”) but says X Ltd told her the warranty had expired, and no other repairs were covered. 2. KT claims $787.95 for removal, repair, and reinstallation, costs she paid to GE to fix the bidet fault. 3. X Ltd deny the claim saying the...

3. BD & NL v CM Ltd t-a HD [2021] NZDT 1669 (14 October 2021) [pdf, 277 KB]

   ...(d) If so, are the Applicants entitled to a remedy from CM and, if so, is the remedy claimed proved and reasonable? Is the Cooker not of acceptable quality and/or not reasonably fit for purpose? 6. The Consumer Guarantees Act 1993 (“the CGA”) applies to the claim. When a supplier provides goods to a consumer in trade, the CGA implies certain guarantees into the contract of sale and purchase between the supplier and the consumer. This includes a guarantee that the goods suppli...

4. EI v CT [2021] NZDT 1703 (24 June 2021) [pdf, 104 KB]

   ...looking at what was said and done. Contracts may include express terms agreed between the parties, and also terms which are implied into a contract, for example by law. 6. Such implied terms include those under the Consumer Guarantees Act 1993 (“CGA”). The CGA implies minimum standards (guarantees) for goods and services supplied in trade to consumers and provides a scheme of remedies when those guarantees are breached. Section 28 CGA requires services, such as those provided here,...

5. Q Ltd v N Ltd [2024] NZDT 883 (18 December 2024) [pdf, 203 KB]

   ...rely on the available evidence. 5. The issues to be determined are: a. Was the type of vehicle, a [redacted] pick-up truck, one which is ordinarily acquired for personal, domestic. and household use so that the Consumer Guarantees Act 1993 (CGA) applies, and if so, did the parties contract out of the CGA? b. If the CGA does apply was there a failure of acceptable quality? c. What, if any remedy is Q Ltd entitled to? CI0301_CIV_DCDT_Order Page 2 of 4 Does the CGA apply?...

6. BL & CM v KB (aka CK) [2024] NZDT 180 (11 April 2024) [pdf, 176 KB]

   ...respondent. 8. There was no attendance at the hearing by the respondent. The absence of a party does not prevent a hearing from going ahead. 9. The issues the Tribunal has to consider are: a. Does the Consumer Guarantees Act 1993 (“CGA”) apply to this transaction? b. If yes, has the respondent breached the CGA by supplying a car that was not of acceptable quality? CI0301_CIV_DCDT_Order Page 2 of 5 c. If yes, are the applicants entitled to reject the ca...

7. B Ltd v P Ltd [2024] NZDT 564 (9 August 2024) [pdf, 135 KB]

   ...character? c) If so, is B Ltd entitled to claim compensation for the reduction in the value of the van, $700.00 for sign writing and $273.00 for the service? Does the Consumer Guarantees Act apply to the sale? 5. The Consumer Guarantees Act 1993 (CGA) provides implied guarantees for consumers that goods purchased must be of acceptable quality1. 6. TT, the General Manager for P Ltd at the time of the sale, says that the CGA does not apply to the sale because of the length of time...

8. XQ v T Ltd [2022] NZDT 85 (8 February 2022) [pdf, 214 KB]

   ...preparing for the hearing. 2. This is a claim for consequential losses and costs incurred in the amount of $187.61 as a result of the supply of an alleged faulty item. 3. The issues were as follows: a. Does the Consumer Guarantees Act 1993 (CGA) apply? b. If yes, has there been a breach of the guarantee of acceptable quality in the CGA? c. If so, what remedies are available, including consequential losses? d. If the answer to question 1 is no, then has the contract been breach...

9. TS v LD TI & EX& W Inc [2021] NZDT 1598 (23 July 2021) [pdf, 200 KB]

   ...that EX was negligent, and so I do not need to address what loss any negligence would have caused to TS. Was the service provided by EX carried out with reasonable care and skill? 13. The relevant law is the Consumer Guarantees Act 1993 (CGA). Section 28 provides a guarantee that where services are supplied by someone in trade to a consumer they will be provided with reasonable care and skill. For TS to succeed with this claim she must show on the balance of probabilities that EX...

10. AFT v Tower Insurance Ltd [2022] CEIT-2022-0001 [pdf, 271 KB]

    ...that the repairs to the house are completed to the policy standard and that this obligation continues notwithstanding the passage of time. The Trust also claims that the duty to pay for the repair exists under the Consumer Guarantees Act 1993 (CGA) and continues until the house is fixed to the policy standard. In addition to this cause of action, the Trust says it is able to claim for breach of the insurance contract and breach of the Repair Contract if the repairs prove to be defec...